Terms of Service

1. Acceptance of these Terms

By accessing or using EveryCal’s applications, everycal.ai, or related services (the “Services”), you agree to these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, do not use the Services. If you use the Services for an organization or another person, you represent that you have authority to bind them to these Terms.

2. Eligibility and accounts

You must be at least 13 years old to use the Services. If you are under the age of majority where you live, you may use the Services only with permission of a parent or legal guardian. Automated calorie planning is restricted for users under 18 and for certain protected circumstances.

You must provide accurate information, protect your login credentials, and promptly notify us of unauthorized account use. You are responsible for activity under your account. You may not create an account for someone else without authorization.

3. The Services

EveryCal provides tools for food logging, calorie and nutrient estimation, meal-photo analysis, food search, hydration and exercise tracking, connected-health data, progress tracking, reports, reminders, and related features. Features may vary by device, location, subscription, or release and may change over time.

You remain responsible for reviewing entries before saving them and for deciding whether the information is appropriate for you. Nutrition databases, labels, restaurant information, user entries, connected devices, and AI models may contain errors or change without notice.

4. Not medical advice

EveryCal is for general informational and wellness purposes only. The Services do not provide medical advice, diagnosis, treatment, or emergency services and are not a substitute for a qualified healthcare professional.

AI-generated calories, nutrients, portions, goals, progress insights, and timelines are estimates. Do not rely on the Services to manage a medical condition or make urgent health decisions. Consult a healthcare professional before changing diet or exercise, particularly if you are under 18, pregnant or breastfeeding, have an eating disorder or a history of one, take medication, or have a health condition. If you believe you have a medical emergency, contact local emergency services.

5. AI features

AI features may analyze photos, labels, text, or audio that you choose to submit. Results can be incomplete, inaccurate, or inappropriate for your situation. You agree to review and, when necessary, correct results before relying on or saving them. Do not submit content that is unlawful, unsafe, or that violates another person’s privacy or rights.

6. Subscriptions and purchases

Some features require a paid subscription or are subject to usage allowances. Prices, billing periods, included features, and any trial terms are shown before purchase. Purchases made through Apple’s App Store or Google Play are billed and managed by that store and are also subject to its terms. Subscriptions renew automatically unless canceled through your store account before the renewal date.

Except where law requires otherwise, payments are non-refundable and partial billing periods are not refunded. Apple or Google handles eligible refund requests for purchases it processes. We may change subscription pricing or features with notice required by law or the applicable store.

7. Your content and permissions

You retain ownership of photos, audio, text, recipes, logs, and other content you submit (“Your Content”). You grant EveryCal a limited, worldwide, non-exclusive license to host, copy, process, transmit, and display Your Content only as necessary to operate, secure, and improve the Services, comply with your settings, and meet legal obligations.

You represent that you have the rights and permissions needed to submit Your Content. You may delete content and your account using the controls described in our Privacy Policy, subject to technical and legal-retention exceptions.

8. Connected services

You may connect third-party services such as Sign in with Apple, Google sign-in, Apple Health, or Health Connect. Your use of those services is governed by their terms. You control health permissions through your device and can disconnect integrations. We are not responsible for third-party services, their availability, or the accuracy of data they provide.

9. Acceptable use

You may not:

• Use the Services in violation of law or another person’s rights.
• Upload malicious code or content, interfere with the Services, bypass limits, or probe security.
• Access another person’s account or collect information about others without authorization.
• Reverse engineer, scrape, copy, resell, or create a competing dataset from the Services except where law expressly permits.
• Use automated systems in a way that burdens the Services or circumvent access, safety, or subscription controls.
• Use the Services or outputs to make automated decisions about another person’s eligibility for healthcare, insurance, employment, credit, or another high-impact service.

10. EveryCal property

The Services, including software, design, brand, features, and content provided by EveryCal, are owned by EveryCal or its licensors and protected by intellectual-property laws. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Services for your own lawful purposes.

If you send feedback, you grant us permission to use it without restriction or compensation, provided we do not identify you publicly without permission.

11. Privacy

Our Privacy Policy explains how we collect, use, share, and protect information. Our Washington Consumer Health Data Privacy Policy provides additional information for covered consumer health data.

12. Suspension and termination

You may stop using the Services at any time and request account deletion in the app. We may suspend or terminate access if you materially violate these Terms, create risk or legal exposure, fail to pay amounts due, or misuse the Services. Where appropriate, we will provide notice and an opportunity to address the issue. Provisions that by their nature should survive termination will survive.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EVERYCAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR A PARTICULAR HEALTH OR NUTRITION GOAL.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERYCAL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, GOODWILL, OR BUSINESS, ARISING FROM OR RELATED TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID EVERYCAL FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$100. These limits do not apply where prohibited by law or to liability that cannot lawfully be limited.

15. Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless EveryCal and its affiliates from claims, damages, and expenses (including reasonable legal fees) arising from Your Content, your misuse of the Services, or your violation of these Terms or another person’s rights.

16. Governing law and disputes

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-laws principles. Except where consumer law permits you to bring a claim elsewhere, the state and federal courts located in King County, Washington will have exclusive jurisdiction. Before filing a claim, you and EveryCal agree to make a good-faith effort to resolve the dispute informally by written notice. Nothing in these Terms limits non-waivable consumer rights.

17. Changes to the Services or Terms

We may change the Services and these Terms. If we make a material change, we will provide notice as required by law. The updated Terms apply from the stated effective date. If you do not agree to an update, you must stop using the Services.

18. General terms

These Terms and policies incorporated by reference are the entire agreement between you and EveryCal about the Services. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, merger, acquisition, or sale of assets.